Hawaii Administrative Rules
Section 16-168-4 - Credit for reinsurance; accredited reinsurers

Universal Citation: HI Admin Rules 16-168-4

Current through November, 2023

(a) Pursuant to section 431:4A-101(b), HRS, the commissioner shall allow credit for reinsurance ceded by a domestic insurer to an assuming insurer that is accredited as a reinsurer in this State as of the date of the ceding insurer's statutory financial statement. An accredited reinsurer is one which must:

(1) File a properly executed Form AR-1 (attached to and incorporated by reference into this chapter) as evidence of its submission to this State's jurisdiction and to this State's authority to examine its books and records;

(2) File with the commissioner a certified copy of a letter or a certificate of authority or of compliance as evidence that it is licensed to transact insurance or reinsurance in at least one state, or, in the case of a United States branch of an alien assuming insurer, is entered through and licensed to transact insurance or reinsurance in at least one state;

(3) File annually with the commissioner a copy of its annual statement filed with the insurance department of its state of domicile or, in the case of an alien assuming insurer, with the state through which it is entered and in which it is licensed to transact insurance or reinsurance, and a copy of its most recent audited financial statement; and

(4) Maintain a surplus as regards policyholders in an amount not less than $20,000,000, or obtain the affirmative approval of the commissioner upon a finding that it has adequate financial capacity to meet its reinsurance obligations and is otherwise qualified to assume reinsurance from domestic insurers.

(b) If the commissioner determines that the assuming insurer has failed to meet or maintain any of these qualifications, the commissioner may, upon written notice and opportunity for hearing, suspend or revoke the accreditation. Credit shall not be allowed for a domestic ceding insurer under this section if the assuming insurer's accreditation has been revoked by the commissioner, or if the reinsurance was ceded while the assuming insurer's accreditation was under suspension by the commissioner.

Am and Comp 11/10/2016

[Eff 1/25/97; Comp 7/28/2022] (Auth: HRS §§ 431:2-201, 431:4A-104) (Imp: HRS § 431:4A-101)

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